Est. 2016

Crimes

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The prosecution may charge an individual with any offense(s) for which they believe they have probable cause and jurisdiction. Below is a list of some commonly-charged offenses in Southern Nevada. The brief descriptions below are by no means meant to be a full legal tutorial, but can help give you a basic idea of what each charge may entail. For each crime, you can click the link to the applicable law for more information.

Traffic Offenses

Traffic offenses are largely treated differently from most criminal offenses, but there are some exceptions. In most cases, traffic offenses may be penalized with a fine and/or traffic school. However, some more serious offenses may be punished similarly to other criminal offenses (for example, vehicular manslaughter). Traffic laws are contained in NRS 484.

Misdemeanor Offenses

Misdemeanor (M) offenses may be punished by a maximum of 6 months in jail and a maximum fine of $1,000. Misdemeanors, if they go to trial, will be heard at a bench trial. This means that there will not be a jury, but instead the presiding judge will act as factfinder and will determine whether the individual charged is guilty or not guilty after hearing the evidence.

Domestic violence offenses occur when a battery is combined with a particular relationship between the parties, which could include things like being related by blood or marriage, being roommates, or being in a romantic relationship.

DUIs are some of the most common but also complex misdemeanor charges, which can include driving while impaired by alcohol or another controlled substance or driving while having more than a minimum concentration in your blood of alcohol or another controlled substance. DUIs are enhanceable offenses which, depending on the alleged facts and your prior record, could be charged as a felony.

Basically, preventing a law enforcement officer from being able to complete his or her duty. This can include things like giving an officer a false statement or false name, running from a police officer, or refusing to follow a police officer’s direct lawful command.

Engaging in or solicitation of prostitution is NOT legal in Nevada unless it is within a licensed house of prostitution. There are not any such licensed locations within Clark County, which includes Las Vegas, North Las Vegas, and Henderson. What this means: prostitution is NOT legal on the Strip or in Las Vegas, despite the well-known “what happens in Vegas, stays in Vegas” slogan!

In short, being in a place you’re not allowed to be or have been asked to leave.

Gross Misdemeanor and Felony Offenses

Gross Misdemeanors (GM) are punishable by up to 364 days in jail and a maximum fine of $2,000.

Felony (F) offenses are divided into Category A through Category E felonies, with ranges of punishments depending on the category of offense. Felony offenses are punishable by over one year in prison and over a $2,000 fine, with minimums and maximums for each offense determined by statute.

Gross misdemeanor and felony offenses are often grouped together in the court system because they require trial by jury. Many, but not all, felony and gross misdemeanor offenses are probationable. This means that as long as the law allows, the judge may grant the defendant probation with an underlying suspended sentence (prison time to be imposed if the defendant does not successfully complete probation). The suspended sentence would then fall within the sentencing range for the offense as provided by statute.

With Substantial Bodily Harm on a Protected Person – Category B Felony (see above for more information about protected persons and below for more information about the substantial bodily harm enhancement)

Punishable by 2-10 years in prison and up to $10,000 fine

With a Deadly Weapon – Category B Felony (see below for more information about the deadly weapon enhancement)

In short: entering a structure or building with the intent to commit a certain crime. Although many jurisdictions require that the burglary be committed at night, Nevada does not have the same requirement. Burglary has many exceptions and nuances which are explained in the statute.

General burglary – Category B Felony

Punishable by 1-10 years in prison and up to $10,000 fine

While in Possession of a Firearm – Category B Felony

punishable by 2-15 years in prison and up to $10,000 fine

this is different than many “with use of a deadly weapon” offenses because it includes gaining possession of a firearm at any time during the commission of the crime and does not require the “use” element.

Burglary is an enhanceable offense that is NOT probationable if you have a prior conviction for burglary, forcible entry or invasion of a dwelling.

Having someone’s credit or debit card without their permission with the intent to give it to someone else or to use it. If you have more than one card in your possession with someone else’s name on it, there is a legal rebuttable presumption that you had the intent to use or transfer the cards.

In its most basic sense, kidnapping is taking, concealing, or confining a person against their will.

First Degree – Category A Felony

Punishable by:

15-40 years in prison, or

life in prison with the possibility of parole after 15 years, or

life without the possibility of parole

Applies when the kidnapping is done for a certain purpose as listed in the law or when the kidnapping victim is a minor without parent’s permission.

Because this is a “specific intent” crime, meaning a specific purpose or the intent to do something wrong, is required, some defenses may be available that would not be in other cases.

Additionally, if the crime is charged under the theory that the kidnapping was done with the intent to commit a certain felony (for example, robbery), then the State must be able to prove that the kidnapping was not done simply in the commission of the other crime and/or that the kidnapping increased the harm or risk of harm to the victim.

Second Degree – Category B Felony

Applies in cases in which first degree does not apply.

Punishable by 2-15 years in prison and fine up to $15,000

Kidnapping is an extremely serious and complex crime and, if you are charged with it, you should contact Anderlik Law, Chtd., immediately to discuss your case.

Kidnapping, despite its name, does not apply only to children or minors. Kidnapping can also apply to adults.

There are several categories of individuals who are not allowed to have a firearm in their constructive or actual possession in Nevada. Under the Nevada law, a person is prohibited from having possession or ownership of a firearm if the person:

(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);

(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

(c) Is a fugitive from justice; or

(d) Is an unlawful user of, or addicted to, any controlled substance; or

(e) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.

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